This case was last updated from Los Angeles County Superior Courts on 08/20/2019 at 08:28:10 (UTC).

ELSY CANO VS BLANCA REYES

Case Summary

On 08/29/2017 ELSY CANO filed a Personal Injury - Motor Vehicle lawsuit against BLANCA REYES. This case was filed in Los Angeles County Superior Courts, Stanley Mosk Courthouse located in Los Angeles, California. The Judge overseeing this case is GEORGINA T. RIZK. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    *******1223

  • Filing Date:

    08/29/2017

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Personal Injury - Motor Vehicle

  • Courthouse:

    Stanley Mosk Courthouse

  • County, State:

    Los Angeles, California

Judge Details

Judge

GEORGINA T. RIZK

 

Party Details

Plaintiffs

CANO MONICA

CANO ELSY

Defendant

REYES BLANCA

Attorney/Law Firm Details

Plaintiff Attorney

BISH MINDY SUSAN

 

Court Documents

Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 02/26/2019

2/26/2019: Certificate of Mailing for - Certificate of Mailing for Minute Order (Non-Jury Trial) of 02/26/2019

Minute Order - Minute Order (Non-Jury Trial)

2/26/2019: Minute Order - Minute Order (Non-Jury Trial)

Minute Order - Minute Order (Order to Show Cause Re: Dismissal)

5/28/2019: Minute Order - Minute Order (Order to Show Cause Re: Dismissal)

Proof of Service by Substituted Service

9/28/2017: Proof of Service by Substituted Service

Summons - on Complaint

8/29/2017: Summons - on Complaint

Civil Case Cover Sheet

8/29/2017: Civil Case Cover Sheet

Complaint

8/29/2017: Complaint

Notice of Case Assignment - Limited Civil Case

8/29/2017: Notice of Case Assignment - Limited Civil Case

 

Docket Entries

  • 09/01/2020
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Failure to File Proof of Service

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  • 08/26/2019
  • Hearingat 08:30 AM in Department 94 at 111 North Hill Street, Los Angeles, CA 90012; Order to Show Cause Re: Dismissal (Settlement)

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  • 05/28/2019
  • DocketOrder to Show Cause Re: Dismissal (Settlement) scheduled for 08/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 05/28/2019
  • DocketMinute Order (Order to Show Cause Re: Dismissal)

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  • 05/28/2019
  • DocketOrder to Show Cause Re: Dismissal scheduled for 05/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 05/28/2019; Result Type to Held

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  • 02/26/2019
  • DocketMinute Order (Non-Jury Trial)

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  • 02/26/2019
  • DocketCertificate of Mailing for Minute Order (Non-Jury Trial) of 02/26/2019; Filed by: Clerk

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  • 02/26/2019
  • DocketNon-Jury Trial scheduled for 02/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94 updated: Result Date to 02/26/2019; Result Type to Held

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  • 02/26/2019
  • DocketOrder to Show Cause Re: Dismissal scheduled for 05/28/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 94

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  • 09/28/2017
  • DocketProof of Service by Substituted Service; Filed by: Elsy Cano (Plaintiff); Monica Cano (Plaintiff); As to: Blanca Reyes (Defendant); Proof of Mailing Date: 09/21/17; Service Cost: 0.00; Service Cost Waived: No

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  • 09/01/2017
  • DocketCase assigned to Hon. Georgina T. Rizk in Department 77 Stanley Mosk Courthouse

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  • 09/01/2017
  • DocketNon-Jury Trial scheduled for 02/26/2019 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 09/01/2017
  • DocketOSC - Failure to File Proof of Service scheduled for 09/01/2020 at 08:30 AM in Stanley Mosk Courthouse at Department 77

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  • 08/29/2017
  • DocketComplaint; Filed by: Elsy Cano (Plaintiff); As to: Blanca Reyes (Defendant)

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  • 08/29/2017
  • DocketCivil Case Cover Sheet; Filed by: Elsy Cano (Plaintiff)

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  • 08/29/2017
  • DocketSummons on Complaint; Issued and Filed by: Clerk

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  • 08/29/2017
  • DocketNotice of Case Assignment - Limited Civil Case; Filed by: Clerk

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Tentative Rulings

Case Number: 17STLC01223    Hearing Date: February 18, 2021    Dept: 26

Cano, et al. v. Reyes, et al.

MOTION TO VACATE DISMISSAL

(CCP § 473)

TENTATIVE RULING:

Plaintiffs Elsy Cano and Monica Cano’s Motion to Set Aside Dismissal is DENIED.

ANALYSIS:

Plaintiffs Elsy Cano and Monica Cano (“Plaintiffs”) filed the instant action for motor vehicle negligence against Defendant Blanca Reyes (“Defendant”) on August 29, 2017. Following both parties’ failure to appear at trial on February 26, 2019, the Court set an Order to Show Cause Re Dismissal for May 28, 2019. Following Plaintiffs’ appearance on May 28, 2019, the Order to Show Cause was rescheduled for August 26, 2019. Following Plaintiffs’ appearance on August 26, 2019, the Order to Show Cause was again continued to December 18, 2019.

Upon Plaintiffs’ failure to appear on December 18, 2019, the Court dismissed the entire case without prejudice. Notice of the dismissal was served on Plaintiffs the same date. Plaintiffs filed the instant Motion to Vacate Dismissal on September 16, 2020. To date, no opposition has been filed.

Discussion

Despite an initial citation to Code of Civil Procedure section 473, subdivision (d), the Motion is actually brought pursuant to Code of Civil Procedure, section 473, subdivision (b). (Motion, pp. 1:25-2:2.) Under this statute, an application for relief must be made no more than six months after entry of the order from which relief is sought and must be accompanied by an affidavit of fault attesting to the mistake, inadvertence, surprise or neglect of the moving party or its attorney. (Code Civ. Proc., § 473, subd. (b); English v. IKON Business Solutions (2001) 94 Cal.App.4th 130, 143.)

The Motion was not timely brought less than six months after dismissal of the action. Instead, the Motion was filed almost nine months after dismissal. The six-month deadline is jurisdictional and not subject to tolling. (Manson, Iver & York v. Black (2009) 176 Cal.App.4th 36, 42.) Therefore, the Court has no authority to relieve Plaintiffs from the dismissal under this statute.

Nor are Plaintiffs correct to contend that the Court lacked authority to dismiss the action. Code of Civil Procedure section 581, subdivision (b)(3) expressly provides that “[a]n action may be dismissed … [b]y the court, without prejudice, when no party appears for trial following 30 days' notice of time and place of trial.” (Code Civ. Proc., § 581, subd. (b)(3).) Upon both parties’ failure to appear for trial on February 26, 2019, the Court was authorized to dismiss the action. Yet it set an Order to Show Cause to give Plaintiffs an opportunity to demonstrate prosecution of the action and warned that failure to appear might result in dismissal of the action. (Minute Order, 2/26/19.) The Court also continued the Order to Show Cause multiple times for more than six months at Plaintiffs’ request. Plaintiffs, therefore, had ample notice of the possibility of dismissal.

Conclusion

Plaintiffs Elsy Cano and Monica Cano’s Motion to Set Aside Dismissal is DENIED.

Court clerk to give notice.

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